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Monday, May 14, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)

For publication opinions today (1):

In Dana L. Lewis, Jr. v. State of Indiana , an 11-page opinion, Judge Bradford writes:

Appellant-Defendant Dana L. Lewis, Jr. appeals from the trial court’s denial of his motion to suppress statements he made to Jennings County Sheriff’s Sergeant Karen McCoy during a police interview regarding an alleged sex crime. Lewis argues that the statements were obtained in violation of his Fifth Amendment right to counsel, which he claims he unequivocally and unambiguously invoked by asking, “Can I get a lawyer?”. Lewis contends that this question was sufficient, both standing alone and in light of the totality of the circumstances, to invoke his Fifth Amendment right. The State argues that Lewis was not entitled the right to counsel because his interview with Sergeant McCoy did not constitute a custodial interrogation. We reverse and remand with instructions. * * *

Pursuant to the stipulation entered into by the parties below that Lewis reasonably believed that he was in custody, we will not revisit the issue on appeal. Moreover, the trial court erred in denying Lewis’s motion to suppress the statements he made to Sergeant McCoy because Lewis unambiguously and unequivocally invoked his Fifth Amendment right to counsel by asking, “Can I get a lawyer?” We therefore remand with instructions to grant Lewis’s motion to suppress statements made during the interview with Sergeant McCoy and for further proceedings.

NFP civil opinions today (4):

In the Matter of the Term. of the Parent-Child Rel. of F.R. and Z.R.; and P.R. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)

In Re the Marriage of R.B. and K.S. (NFP)

Vinod C. Gupta v. City of Terre Haute, Department of Redevelopment (NFP)

A.F. v. J.F. (NFP)

NFP criminal opinions today (0):

Posted by Marcia Oddi on May 14, 2012 12:34 PM
Posted to Ind. App.Ct. Decisions